China: Patent Guidelines for Examination - changes for AI, big data and software
Summary
On 21 December 2023, along with revised implementation rules for patent law, the China Intellectual Property Administration (CNIPA) issued an updated (the ). The changes and inclusions in the Guidelines mark an expansion of patent allowances to incorporate current technological advancements, and in anticipation of future developments. The current amendment aims to promote innovation and patent protection in the smart medical field, through information processing methods executed by devices like computers. • AI and/or big data algorithms can be considered an eligible subject matter when: • the involved algorithm has a specific technical relationship with the internal structure of a computer system, and • can solve a technical problem to improve the internal performance of the computer system that confirms to the laws of nature. Some features of the user experience that can be considered includes operation comfort, sensual pleasure, shorter waiting time, etc., therefore reflecting the objective technical effect rather than subjective preference.